Beyond Suspicion

50

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Jack picked up Theo from Sparky’s, and the two of them reached Rosa’s house in Coco Plum around eight o’clock. Hers was typical for the neighborhood, a thirteen-thousand-square-foot, multilevel, completely renovated, Mediterranean-style quasi hotel with a pool, a boat, and drop-dead views of the water.

“Nice digs,” said Theo as they stepped down from Jack’s car.

“Yeah. If you like this sort of overindulgence.”

“Spoken like a true have-not.”

They climbed thirty-eight steps to the front door but didn’t have to knock. Rosa spotted them in the security cameras. She greeted them at the door and then led them to her home office, a term that struck Jack as especially meaningful, as this particular office did seem larger than the average home.

Rosa’s former law partner was already inside waiting for them. Jack knew Rick Thompson. They shook hands, and he introduced himself to Theo. Then Rosa explained his presence.

“I invited Rick because it seems appropriate for Theo to have his own lawyer. From what we’ve heard so far, you two may end up being codefendants on a conspiracy charge.”

Rick said, “You never want alleged coconspirators to be represented by one lawyer. It tends to reinforce the idea of a conspiracy.”

“I agree with that,” said Jack.

“Sounds good to me, too,” said Theo. “Except I doubt I can afford my own lawyer.”

Rosa said, “No problem. Jack will pay for it.”

Jack did a double take, but before he could say anything Theo slapped him on the back and said, “Thanks, buddy.”

“You’re welcome,” was all he could say.

Jack and Theo seated themselves in the armchairs on one side of the square coffee table in the center of the room. Rick sat on the leather couch. Rosa stood off to the side as her housekeeper brought pitchers of iced tea and water on a silverplated tray. Jack glanced discreetly at his lawyer and caught her taking in a long, meditative eyeful of the framed work of art that hanged behind her desk. It was a contemporary piece by the late Cuban-born artist Felix Gonzalez-Torres, a renowned boundary-buster who was best known for ephemeral pieces made of candies or printed paper that visitors could touch or even take home with them. Rosa liked to call her little share of Felix “the stress-buster,” as it calmed her just to look at it. Jack wasn’t sure if the magic flowed from the innate beauty of the work or from the sheer joy of having acquired it long before the artist died and his work started selling at Christie’s for seven figures.

When the housekeeper was gone, Rosa turned to face her guests. Her expression was noticeably more relaxed, as if Felix the Artist had done his job, but her delivery was still quite serious. “I’m told we could see target letters as early as tomorrow, indictments by the end of the week. Two defendants, one basic charge: Murder for hire.”

Theo said, “I heard that on the news two hours ago. You sure you’re getting your money’s worth here, Jacko?”

“Just listen.”

Rosa continued, “It’s important for us all to agree that anything we say in this room is privileged. This is one setting in which it’s worth stating the obvious. This is all joint defense.”

“Of course,” said Jack.

“Theo?” asked Rosa.

“Whatever Jack says.”

“Wrong answer,” said Rick. “Jack’s not your lawyer. I am.”

“Like I said. Whatever Jack says.”

Rick grumbled. “I can’t represent someone under those circumstances.”

Jack looked at his friend and said, “You have to listen to your own lawyer. Not Rosa, and not even me. Those are the rules.”

“If you say so.”

“Good,” said Rosa. “Now that that’s settled, let’s talk turkey. Rick, tell Jack and Theo what you found out.”

Rick scooted to the edge of his chair, as if sharing a national-security secret. “Dr. Marsh is represented by Hugo Zamora. I know Hugo pretty well, pretty good guy. I called him up and just asked him point-blank, hey, what did your client tell the grand jury?”

“I thought grand-jury testimony was secret,” said Theo.

“It is, in the sense that grand jurors and the prosecutor can’t divulge it. But a witness can disclose his own testimony, which means that his lawyer can, too.”

Jack asked, “What did Hugo tell you?”

“The most important thing has to do with Dr. Marsh’s testimony about the threats against Jessie Merrill. Marsh did testify that Jessie was in fact threatened before her death.”

“That’s fantastic,” said Jack. “That corroborates exactly what I’ve been saying all along. The viatical investors threatened her.”

“Not exactly.”

“What do you mean?”

“Marsh didn’t say that it was the viatical investors who threatened Jessie. He said it was Theo.”

“Theo? What kind of crock is that?”

Rick continued. “Marsh claims that Theo met with Jessie the night before she died and told her straight out that if she said or did anything to hurt Jack Swyteck, there would be hell to pay.”

Jack popped from his chair, paced across the room angrily. “That is so ridiculous. The man is a pathological liar. The very idea that Theo would go to Jessie and threaten her like that is… well, you tell him, Theo. That’s crazy.”

All eyes were on Theo, who was noticeably silent.

“Theo?”

Finally, he looked Jack in the eye and said, “You remember that night we met in Tobacco Road?”

“Yeah. You were playing the sax that night.”

“And you said Jessie Merrill admitted to the scam but told you to back off or she’d tell the world that you were part of it, too. You were all upset because she and her doctor boyfriend were so damn smug. And so I says maybe we should threaten her right back. Remember?”

“What are you telling me, Theo?”

A pained expression came over his face. “I was just trying to scare her, that’s all. Just get her and Swampy to back down and realize they can’t push my friend Jack Swyteck around.”

Jack felt chills. “So what did you do?”

“That’s enough,” said Rick.

Theo stopped, startled by the interruption. His lawyer continued, “This discussion is taking a completely different track from what I expected. As Theo’s lawyer, I say this meeting’s over. Theo, don’t say another word.”

“Theo, come on, now,” said Jack.

“I said that’s enough,” said Rick. “I don’t care if you are his friend. I won’t stand for anyone pressuring my client into saying something against his own best interest. You told him to listen to his lawyer, not to you or to Rosa. At least play by your own rules.”

“Let them go,” said Rosa.

Theo rose and said, “We’ll get this straightened out, man. Don’t worry.”

Jack nodded, but it wasn’t very convincing. “We’ll talk.”

Rick handed Jack a business card and said, “Only if I’m present. Theo has counsel now, and you talk to him through me. Those are the new rules.”

Jack could only watch in silence as Theo and his new lawyer turned and walked out, together.